Welcome to the website of Norwex USA Inc., and Norwex Canada Inc., (jointly "Norwex", "we" or "us"). The following terms and conditions, together with any other extracts, agreements, documents or policies referred to, are expressly incorporated herein (collectively " Terms") and apply to your use of norwex.biz and any sub-domains thereof, including any content, downloads, catalogues, functionality, Products and services offered on or through norwex.biz ("website"), as well as in regards to any purchases you make via the website (“Purchase(s)/ed”) of any Norwex Products or services (“Product(s)”).

Please read these Terms carefully before you access or otherwise start to use the website or transact any Purchases.

By using the website and or completing any Purchases, you accept and agree to abide by these Terms, which can be found at www.norwex.biz.

If you do not agree to these Terms or the Privacy Policy, whether in whole or in part, you must exit the website and/or refrain from ordering any Purchases.

Changes to the Terms

We may, in our sole discretion, revise and update these Terms from time to time. You must check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the website or ordering of any Products following the posting of any revised Terms means that you accept and agree to the changes.

Accessing the website

This website is intended for use by individuals 13 years or older, if you are younger than 13 years, please do not access this website.

Purchases are only allowed for individuals who are 18 years or older.

If you allow your minor child or a child for whom you are a legal guardian (a "Minor") to access this website, you will be solely responsible for (i) the online conduct of such Minor – including any Purchases, (ii) monitoring such Minor's access to and use of this website, and (iii) the consequences of any use of the website by such Minor.

We do not intend to solicit information or to market any Products or services to Minors through this website. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.

Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend any Products and / or services we provide on the website at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

You are responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and that they comply with them.

Passwords; Security

To access the website or some of the resources it offers, or in order to make Purchases, you may be asked to provide certain registration details or other information. It is a material condition of your use of the website and / or completion of any Purchases, that all the information you provide on the website is correct, current and complete.

If you choose, or you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Norwex of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms.

ONLINE PURCHASE TERMS

The following clauses relate to all Purchases made through the website.

How To Order Purchases Through The website

After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product, also known as an ‘invitation to treat’. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order ("Shipment Confirmation").

A contract with us will only be formed when we send you the Shipment Confirmation. The contract will relate only to those Products whose shipment we have confirmed in the Shipment Confirmation. We will not be obliged to supply any other Products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Product is no longer in our inventory.

Price & Availability of Products

Prices, the specifications as well as the availability of Products on the website are subject to change without notice. Errors will be corrected when discovered. Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our Shipment procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when shipping the Product to you.

If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipment Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Out of Stock Products

On occasion, you may be able to place a Product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to the unavailability of the Product. You acknowledge that Products may sell quickly and there may be a short period of time after an order has been submitted, during which the Product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

Discontinued Products

On very rare occasions, you may receive a Shipment Confirmation from us, but the Product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the Product you ordered due to such unavailability.

Notice to website Users on Collection of Tax and User Waiver of Damages Owing to Error in Calculation of Tax

In states where we have no physical presence, we are not required to collect and remit sales tax for website Purchases. However, many states require that their residents file a sales or use tax return for Products Purchased on this website. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states we collect and remit sales tax. For Purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the Purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable Purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of Product we sell. As a result of any error, we may over-collect or under-collect your tax. In consideration of our allowing you access to and use of the website, and in collecting and remitting taxes required on your Purchases, you hereby waive your right to claim that the tax collected on any Purchase is incorrect in any respect and agree to hold harmless Norwex, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your Purchases.

Shipment & Delivery

Products can be shipped only to a street address within the 50 United States, the District of Columbia, Puerto Rico, and Guam, or in most cases Military APO/FPO or Military P.O. Box addresses.

The term ‘shipping’ or ‘ship’ includes the commencement of shipping Product in an order for multiple Purchases or where the Product purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different Product(s), (2) a quantity of the same Product, or, (3) a single Product with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavour to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all Product in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

Your order will be fulfilled by the estimated delivery date set out in the Shipment Confirmation, or as otherwise set out on the website. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Special Handling

Some Norwex Products require special handling as specified by federal, state, and local regulations governing the shipping of these items. The method of shipment for these Products is dictated by these legal regulations. Norwex complies with these regulations and therefore the shipment of some Products to certain locations may not be possible. Please contact the Norwex Customer Service Department for additional shipping information.

Shipment to APO/FPO/PO Boxes

Most Norwex Products may be shipped to Military APO/FPO or Military P.O. Box addresses, but some restrictions may apply. Orders being sent to Military P.O. Boxes or Military APO/FPO addresses must be shipped via United States Postal Service and cannot be shipped via overnight or 2nd day service.

Shipments to Alaska, Hawaii, Puerto Rico and Guam

Most Norwex Products can be shipped to Alaska, Hawaii, Puerto Rico and Guam, but some restrictions and additional shipping and handling charges may apply. Priority shipping methods (overnight or 2nd day service) are not available for certain locations in Alaska, Hawaii, Puerto Rico and Guam.

International Deliveries

If you order Products from the website for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined; Norwex will not be liable or responsible if you break any such law.

Non-Deliverable Orders

In some cases, an order may be returned to Norwex if the carrier is unable to deliver it to the specified shipping address due to no fault of Norwex. In such cases and at your request, Norwex will attempt to re-ship the Products. Please be aware that you will be charged the delivery cost for both the original failed shipment and any subsequent delivery or attempted delivery.

Product Return Policy

If for any reason you are not completely satisfied with any Norwex Product, you or the Norwex consultant may return the unused portion of the Product within 60 (sixty) days from the date of Purchase provided that a completed Return Form and the original Customer Order Form with Purchase date accompanies the Products. For Products returned pursuant to this policy, Norwex will, at your option:

(a) refund the amounts paid for the Products by crediting 100% of the Purchase price (less shipping and handling charges) and sales tax by (i) check or (ii) on the credit card used to make the Purchase; or

(b) exchange the returned Product for a Product of equal or lesser value as selected by you. The original order will be refunded and a new order will be submitted, as well as applicable sales tax and shipping and handling charges.

To cancel an order or contract, please contact your Norwex Consultant or our Customer Services telephone line or e-mail us at customercare@norwex.com to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

Risk of Loss; Title

All Product Purchased from our website are made pursuant to a shipment contract. This means that, subject to payment of the Products in full, the risk of loss and title for such Product(s) pass to you upon Norwex’s tender of the Product to the carrier.

Withdrawal of Products

We reserve the right to withdraw any Product from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

Warranties - Products

Norwex clearly displays Product warranties alongside or near the actual Product to which the warranty relates. If no such Product warranty is displayed, in the alternative, Norwex provides a default warranty period of 60 days for Products.

DISCLAIMER OF WARRANTIES - PRODUCTS

Except as set out above ‘Warranties – Products’, NORWEX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability - Products

IN NO EVENT WILL NORWEX, ITS SUBSIDUARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE website, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE website OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE website OR SUCH OTHER WEBSITES, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification - Products

You agree to defend, indemnify and hold harmless Norwex, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your (i) unauthorised use of the Products, and/or (ii) use of the Products otherwise then as instructed, other than as expressly authorized in these Terms.

Intellectual Property Rights

The entire contents of the website (including all downloads, information, software, text, displays, catalogues, images, video and audio) and the design, selection and arrangement thereof, are owned by Norwex or its licensors and are protected by United States, Canada, European Union and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property, industrial or proprietary rights.

You are permitted to use the website for your personal or legitimate business purposes. Except where explicitly authorised by Norwex you must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our website, or the website itself without the prior written consent of Norwex in each instance.

You must not:

§ Modify the paper or digital copies of any materials available from this website; or

§ Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

§ Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

If you wish to make any use of any material on the website, which is not specifically intended for public or marketing use or other than that set out above, please address your request to: compliance@norwex.com.

If you print, copy, modify, download or otherwise use any part of the website in breach of these Terms, in addition to any other legal rights and remedies available to us, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the website or any content on the website are transferred to you, and all rights not expressly granted are reserved by Norwex and/or its licensors. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Norwex’s Trademarks

Norwex’s name, trademarks, Norwex's logo and all related names, logos, Product and service names, designs and slogans are trademarks of Norwex, its affiliates or licensors. You must not use such marks without the prior written permission of Norwex. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms.

You agree not to use the website (to):

In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada, EU or other countries); or

To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;

To transmit, or procure the sending of, any non Norwex advertising or promotional material, or any "junk mail", "chain letter" or "spam" or any other similar solicitation;

To impersonate or attempt to impersonate Norwex or a Norwex employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm Norwex or users of the website or expose them to liability;

Harvest or otherwise collect information about others, including email addresses, without their consent;

Attempt to gain unauthorized access to, interfere with, damage, overburden or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website; or attack the website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website;

Failure to abide by these rules will result in Norwex terminating your access to the website and may be the basis of legal action against you.

User Contributions

The website may contain message boards, chat services, forums, blogs, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users content or materials including, without any limitation whatsoever, any feedback, chat logs, forum logs, emails, pictures, screenshots, or any communication whatsoever that you create from and / or insert, append, attach or otherwise upload to the Interactive Services (collectively, "User Contributions") on or through the website. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contributions you post to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant Norwex and its affiliates the license granted above; and (ii) that all of your User Contributions do and will comply with these Terms, and you agree to defend, indemnify and hold harmless Norwex and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Norwex, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the website, and all articles and responses to questions and other content, other than the content provided by Norwex, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Norwex. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

You agree to assign any rights that you may have in any User Contributions to Norwex and to execute any and all documents required in order to assign any such rights to Norwex. Alternatively, if such an assignment is found to contravene any local laws, you hereby grant to Norwex a perpetual, royalty free, irrevocable and unlimited license to use the User Contributions in such manner, including without limitation, to sub-license and commercially use any User Contributions, that Norwex in its sole discretion decides.

User Contributions - Enforcement; Termination

We have the right, at our sole discretion to:

Remove, edit or refuse to post any User Contributions for any reason; or

Take any action with respect to any User Contribution that we deem necessary, if we believe that such User Contributions violates the Terms, including the Content Standards, infringes any intellectual property right, or could create liability for Norwex;

Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

Take appropriate legal action for any illegal or unauthorized use of the website;

Terminate your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS NORWEX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NORWEX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NORWEX OR LAW ENFORCEMENT AUTHORITIES.

However, we can neither review all material before it is posted on the website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Norwex assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

Be likely to deceive any person. Cause annoyance, inconvenience or be likely to upset, embarrass, alarm or annoy any other person;

Promote any illegal activity, or advocate, promote or assist any unlawful act;

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;

Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes;

Give the impression that they emanate from us, if this is not the case.

Copyright Infringement

If you believe that any User Contributions or any content displayed on the website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website.

Information about you and your visits to the website

We collect and use information about you in accordance with our Privacy Policy. By using the website, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Linking to the website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and unless otherwise agreed, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Geographic Restrictions – Void Where Prohibited

Not all features, Products or services discussed, referenced, provided or offered through this website are available to all persons or in all geographic locations. Access to the website may not be legal in certain countries. If you access the website from outside North America, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE website OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, IT’S CONTENT AND ANY PRODUCTS, SERVICES OR DOWNLOADS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NORWEX NOR ANY PERSON ASSOCIATED WITH NORWEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NORWEX NOR ANYONE ASSOCIATED WITH NORWEX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NORWEX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

IN NO EVENT WILL NORWEX, ITS SUBSIDUARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless Norwex, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the website, including, without limitation, any use of the website's content, services and Products other than as expressly authorized in these Terms or your use of any information obtained from the website.

Governing Law and Jurisdiction

If you access this website from: (i) within the USA, these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provisions. You agree that the courts situated in Dallas, Texas shall have exclusive jurisdiction to hear any dispute or claim arising hereunder; (ii) within Canada, these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Manitoba, Canada and You agree that the courts situated in the Province of Manitoba, Canada shall have exclusive jurisdiction to hear any dispute or claim arising hereunder; or (iii) outside of North America these Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice or conflict of law provisions. You agree that the courts situated in London, England shall have exclusive jurisdiction to hear any dispute or claim arising hereunder.

However, Norwex retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms by Norwex shall be deemed a further or continuing waiver of such or any other term or condition, and any failure of Norwex to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, so that the remaining provisions of the Terms will continue in full force and effect.

Language

If we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with Norwex. If there is any contradiction between what the English language version of the Terms says and what a translation states, then the English language version shall take precedence.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under hereunder to the extent that such failure or delay is caused by an event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

Entire Agreement

The (i) Terms and our (ii) Privacy Policy, and (iii) and Copyright Policy constitute the sole and entire agreement between you and Norwex with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.